Posts Tagged ‘Citizenship’

Now that the Supreme Court is upholding the national health care law, it is important that immigrants know how it will effect them. Undocumented immigrants will not be able to participate in the new mandate. However, if you are a legal immigrant with a valid Green card then you are subject to the mandates requirements and must obtain health insurance in 2014.

Immigrants that are in the US via student visas and some work visas are not eligible due to their "nonimmigrant" status and will not be subject to the individual mandate. Documented immigrants must live within the United States for a total of 5 years before they are eligible for Medicaid, with exceptions for asylees and refugees and those who fall within poverty guidelines.

Citizenship

Once the new health care bill is fully implemented, it is estimated that over 30 million US residents will be without health insurance, while 11.5 million of those residents will be undocumented immigrants. That is why it is important to apply for US citizenship. If you or a loved one is seeking assistance from an experienced immigration attorney in the State of New York, contact Susan B. Henner at 1.888.733.0141 for a free consultation or more information.

If you need help with Immigration in NY, contact Immigration Attorney Susan B. Henner at (914) 358-5200 for more information or an appointment.

Arizona Immigration Law: Local Police Step Up Immigration Enforcement by Elliot Spagat June 27, 2012 ESCONDIDO, Calif. — State and local police across the country didn’t need the U.S. Supreme Court ruling upholding Arizona’s "show me your papers" immigration law to begin turning people over to the federal government for deportation.

Since late 2007, they have helped identify nearly 20 percent of the nation’s 1.6 million deportations – a trend that will likely accelerate.

The Obama administration plans to expand to every jurisdiction a program in which local police share fingerprints of those accused of breaking the law for federal officials to identify those they want to put into deportation proceedings.

The administration is making clear that federal authorities have always had – and will continue to have – the final say on who gets deported.

As debate has raged over the provision of the 2010 Arizona law, the federal government has been increasingly tapping the vastly superior presence of state and local police to identify undocumented immigrants for deportation.

State and local police made about 150,000 arrests that resulted in deportation from late 2007 to late 2011 under a program that empowers specially trained local officers to enforce immigration laws. Deportations under that program peaked in 2009 but are falling sharply as the federal government phases it out.

In the fingerprinting program, state and local agencies are responsible for the vast majority of another roughly 150,000 deportations during that time. ICE scans prints of everyone booked into jails for non-immigration crimes and tells local police when they want someone held for deportation proceedings.

If you have been charged with entering the United States without legal authorization, or have maintained residence beyond the time that was previously authorized, you are considered to be an Illegal Immigrant according to the United States government. Very often, immigrants from all over the world enter the United States legally, but without inspection, or they stay longer than they are legally allowed. These individuals are considered "Non-Immigrant Visa Overstayers", and many of them are trying to avoid various forms of misfortune or danger, such as violence or poverty.

Another form of illegal immigration is the deliberate evasion of border patrol and entry into the United States undetected and without legal permission. If you have entered the US undetected then you are one of 7 million people to commit this felony annually, while also running the risk of receiving possible jail time and deportation. If you have been previously convicted and deported, and you have once again been caught in the United States Illegally, you may be subject to four times the minimum penalty because of a US policy called The “Protect Act”.

Although it can be a scary thing, the best course of action you can take if you are an illegal immigrant is to contact a competent attorney of your presence, so that you can explore all the possible ways to obtain a visa, and to become a permanent citizen of the United States legally. If you have been arrested, are facing deportation, or you simply want to avoid these unpleasant experiences and find the best outcome for your situation, contact Immigration Attorney Susan B. Henner now at (914) 358-5200 for a free consultation and more information.

Too many times in Immigration Law, we see bad lawyers who just don’t know the law or try to do many types of law to be effective at their jobs. This can often harm a client and actually result in the client’s removal from this country.

Take, for example, a recent case. My client is from Jamaica and he hired a lawyer to handle his removal case. The client was being removed as he made a mistake on his papers. His mother had sponsored him many years ago, and during the lengthy process he married. He did not realize that the marriage affected his immigration status. He received his green card. Yet, when he applied for his citizenship, the USCIS officer realized that he had been married and no longer single, at the time he received his residency. The client was placed into removal proceedings. All that needed to be done was a simple waiver request before the Judge, which does not require any forms or fees to be filed. Yet the lawyer handling the case applied for an incorrect waiver and asked the client to pay filing fees and forms etc, which was not the proper process. As such, the client was eventually ordered deported. ICE came to his house one morning and arrested him and took him away. The family then came to our office.

After meeting with the family, we obtained the file from the previous lawyer and we quickly realized that the lawyer had requested the incorrect waiver forms. In addition, we found that the lawyer had been disciplined previously by the Ethics Committee. As such, we asked for an Emergency Stay of Removal from the Judge, which was granted. We then also asked for a Motion to Reopen the case before the Immigration Judge based upon the errors of the previous counsel, which was also granted. Our client will now have his proper day in Court and be permitted to apply for the proper waiver. Persistence pays off. If someone hires an immigration lawyer who has caused harm, there are remedies which can be considered in limited cases. Saving one person at a time…….